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State Employment Law Articles
Article Index » washington » general
Report Link Washington State Labor Retaliation Claim Preempted by National Labor Relations Act.
Jackson Lewis LLP - May 26, 2009
A Washington federal trial court has dismissed an employee’s state law retaliation claim, holding that it was preempted by the federal National Labor Relations Act. Cope v. WinCo Foods, LLC, No. CV-07-5064-FVS, 2009 U.S. Dist. LEXIS 21948 (E.D. Wash., Mar. 2, 2009). The employee brought his claim under a Washington statute which protects an employee’s right to engage in “concerted activity” without employer interference. The court held that the claim was preempted because, through passage of the NLRA, Congress actually protected the same activity as the state statute (Garmon preemption doctrine). Accordingly, the claim was dismissed.
Report Link Legislation Limiting Employers' Right to Communicate with Employees Introduced in Washington State.
Jackson Lewis LLP - January 23, 2009
Sponsored by 46 Representatives, a union-supported bill entitled, “Prohibiting certain employer communications about political or religious matters,” has been introduced in the House of Representatives of the Washington State Legislature. The bill (H.B. 1528), presented on January 22, seeks to bar all Washington employers, not just those who receive state funding, from talking to their employees about matters related to labor unions in required meetings.
Report Link Ninth Circuit Asks Washington Supreme Court to Determine Constitutionality of Disability Legislation.
Jackson Lewis LLP - October 21, 2008
A federal appeals court has asked Washington State’s highest court to determine whether applying legislation retroactively that intentionally overturns existing caselaw by expanding the definition of “disability” under the state’s anti-discrimination law violates the separation of powers doctrine in the state constitution.
Report Link 2008 Washington Legislative Update.
Littler Mendelson, P.C. - May 14, 2008
The recently concluded 2008 legislative session resulted in the enactment of several new laws that affect Washington employers and employees. Following are summaries of the most significant new laws.
Report Link Washington State Unemployment Law Requires Registration of Organization's Principals.
Jackson Lewis LLP - October 02, 2007
In an effort to shore up compliance with its unemployment insurance program, particularly among small businesses, Washington has amended its unemployment insurance law to require employers to register certain principals of their organizations with the Employment Security Department (ESD). The new law, SB 5373, Ch. 146, 2007 Washington Laws, became effective July 22, 2007. It requires all corporate entities, including those that are not incorporated, with employees in Washington to register with the ESD by providing "the names and social security numbers of the owners, partners, members, or corporate officers of the business, as well as their mailing addresses and telephone numbers and other information the commissioner may by rule prescribe." Id. at Sec. 1(2)(a).
Report Link Washington State Limits Employers Use of Consumer Reports.
Jackson Lewis LLP - May 04, 2007
Is Washington State setting a new nationwide trend for tightening the reigns on employers' use of credit information in making employment decisions?
Report Link Washington State Supreme Court Upholds Sovereign Immunity for Tribal Enterprises.
Jackson Lewis LLP - December 15, 2006
Two tribal economic enterprises and a tribal employee have obtained a favorable result from the Washington Supreme Court that should help tribal employers by limiting discrimination claims filed against them in state courts, in a case defended by Jackson Lewis. Christopher Wright filed suit in state court against the Colville Tribal Enterprise Corporation (CTEC), its subsidiary Colville Tribal Services Corporation (CTSC), and Donald Braman, a CTSC supervisor. CTEC is the parent corporation chartered by the Colville Tribes that operates fourteen different business enterprises on the Tribes’ behalf. CTSC is a construction company. This employment discrimination suit involved elements of complex Indian law. Jackson Lewis obtained assistance of counsel on Indian law.
Report Link Washington High Court Upholds State Enforcement Power Despite Voter Rejection of Ergonomics Regulations
Jackson Lewis LLP - November 27, 2006
In 2003, voters in Washington State repealed controversial ergonomics regulations, which had been promulgated by the state's Department of Labor & Industries. The regulations imposed extremely detailed requirements on employers, including the obligation to determine whether any jobs involved potential ergonomics-related hazards and, if so, to educate employees about those hazards. Now, the Supreme Court of Washington has sustained the authority of the state regulators to enforce ergonomics safety, despite the regulations being tossed out three years ago in the ballot initiative.
Report Link Washington Voters Repeal State Ergonomics Rule.
Jackson Lewis LLP - November 18, 2003
Washington State voters have approved a citizen initiative repealing the state's ergonomics regulations, which were the first of their kind in the nation.

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